The Third Department determined claimant copy writer and editor was an employee of Fox Mobile Distribution and was therefore entitled to unemployment insurance benefits:

Here, the record contains substantial evidence that Fox exercised the requisite control over claimant’s work product to establish her status as its employee. Claimant was paid at a set hourly wage, entitled to reimbursement for approved travel and expenses and provided a cellular phone to test Fox’s products … . The project team leaders — who were employees — educated her regarding the product, delegated specific writing or editing tasks, provided direction and set completion deadlines. Claimant regularly reviewed her work progress with the project manager, received ongoing feedback and made necessary revisions and adjustments … . She was also required to come to Fox’s office for meetings and reviews of her copy. The fact that the parties’ agreement designated claimant as a contractor is not dispositive … . Matter of Eckert (Fox Mobile Distrib. LLC–Commissioner of Labor), 2015 NY Slip Op 08489, 3rd Dept 11-19-15

The Third Department determined claimant, a musician who accompanied the Young People’s Chorus of New York (YPCNY) was an employee of YPCNY and therefore was entitled to unemployment benefits:

Here, YPCNY provided claimant with the date, time and place for the concerts, the rehearsal times and the music to be performed. Claimant was paid a set rate of between $250 and $600 per concert and YPCNY paid his travel expenses. YPCNY would inform claimant of the required dress code for the concerts and claimant was required to inform YPCNY if he was going to be late or absent. YPCNY’s president was the musical conductor at the concerts and was responsible for handling complaints about the musicians. While there is other evidence in the record that would support a different result, the foregoing constitutes substantial evidence supporting the Board’s decision that YPCNY exercised sufficient control over the services provided by the musicians to establish an employment relationship … . Matter of North (Young People’s Chorus of N.Y.–Commissioner of Labor), 2015 NY Slip Op 08486, 3rd Dept 11-19-15

The Third Department determined claimant, a reporter who worked for a company which produces news reports and shows for television (Everest), was an employee entitled to unemployment insurance benefits:

The record establishes that claimant routinely worked Tuesday through Thursday each week. On these days, Everest would inform claimant in the morning of what her reporting assignment was for that day and whether any story idea she suggested had been approved by Everest. If she refused to perform any of the approved story ideas, she would not work or be paid on that day. Claimant was then required to submit her finished report by a specific time … . Everest provided claimant with support staff to assist in her work, including a videographer, and provided her with camera equipment, access to its electronic news database and graphics and background videos, and a computer for editing purposes … . Everett also reviewed and edited claimant’s work product and could direct her to make revisions or to add graphics to her video reports … . Claimant was also free to use her own video camera operator, but Everest reimbursed claimant for that cost … and retained ownership of claimant’s stories and reports. Although there was also evidence in the record that could have supported a contrary conclusion, the foregoing amply furnished indicia of control over claimant’s activities sufficient to support the Board’s conclusion of an employer-employee relationship… . Matter of Redwoodturral (Everest Prod. Corp.–Commissioner of Labor, 2015 NY Slip Op 08482, 3rd Dept 11-19-15

The Third Department determined claimant truck driver was an employee of RB Humphreys and was therefore entitled to unemployment insurance benefits:

Here, claimant entered a lease purchase agreement for use of a truck owned by RB Humphreys. RB Humphreys retained exclusive use of the vehicle while under lease and did not relinquish the title until the full purchase price was paid. RB Humphreys set the pay rate for claimant, who, absent negligence on his part, was paid regardless of whether the customer ultimately paid RB Humphreys. Although claimant could refuse assignments, testimony established that his lease purchase agreement would be terminated if an assignment was not accepted within a certain period of time. Furthermore, pursuant to the service contract with RB Humphreys, claimant was subject to a one-year noncompete clause following the cessation of their relationship. Matter of Wilder (RB Humphreys Inc.–Commissioner of Labor), 2015 NY Slip Op 08487, 3rd Dept 11-19-15